HomeMy WebLinkAboutG- 5 Grant Agreement with California Intergrated Wast Management Board Y 9 The City of Azusa
t hroct Public Works Department
213 E. Foothill Blvd,P.O.Box 1395,Azusa,California 91702-1
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(818)812-5254
5 e vri' o(41146L1 1-1)
R SPO ki ha @ P. &- AGENDA ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ROY E. BRUCKN: s MMUNITY DEVELOPMENT DIRECTOR
yrkQS LOUIE H. PEDROZA JR., SUPERINTENDENT OF PUBLIC WORKS
VIA: HENRY GARCIA, CITY ADMINISTRATOR III
DATE: JULY 21, 1997
SUBJECT: GRANT AGREEMENT WITH CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD (C.I.W.M.B.)AND CITY OF AZUSA FOR
1997/2000 USED OIL BLOCK GRANT FIFTH CYCLE
BACKGROUND:
On March 17, 1997 Council authorized staff to submit Resolution No. 97-C26 to the C.I.W.M.B.
for the Fifth Cycle Used Oil Block Grant.
RESULTS:
On June 30, 1997 the C.I.W.M.B. authorized the City to program funding in the amount of
$15,681.00. This application/award is valid for three years in lieu of having to apply every year.
The second and third year allocations/awards are for$14,943.00 each.
PROGRAM:
The program will include reimbursement for staff time, consultant fees, school presentations,
certified collection centers(C.C.C.'s), oil collection monitoring,used oil containers,telephone
and media advertising.
arta-Of 7//-i/97
CONSULTANT SERVICES:
Staff is requesting approval of Consulting Service agreement with J. Michael Huls, REA in the
amount of$5,120.00 for the first year only. The Consultant Services are outlined on the attached
budget summary. Consultant is an Azusa based business who previously implemented and
consulted city staff in administering the previous Oil Grants.
BUDGET AND PAYMENTS:
The C.I.W.M.B. requires cities to provide expenditures and submit for reimbursement. Staff will
submit a line item budget to the Finance Department for the 1997/98 fiscal year.
CONCLUSION:
In order to implement the Fifth Cycle Block Grant,the Grant Agreement requires an authorizing
signature. Execution of Agreement will enable the program to commence within thirty days.
RECOMMENDATION:
Staff is requesting Council approve the Grant Agreement with the California Integrated Waste
Management Board and the City of Azusa in the amount of$15,681.00 for the Fifth Cycle Used
Oil Block Grant and authorize the City Administrator to execute the Agreement.
REB/LHPJ/rm
STATE 0=CALIFORNIA-ENVIRONMENTAL PROTECTION AGENCY
GRANT tJT AGREEMENT CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
CIWMB110(NEW 10/96)
GRANT NUMBER
NAME OF GRANT PROGRAM l UBGS-96-1894
199E:97 Used Oil Recycling Block Grants-Fifth Cycle
GRANT RECIPIENT'S NAME
City of Azusa
TAXPAYER S FEDERAL EMPLOYER IDENTIFICATION NUMBER TOTAL GRANT AMOUNT NOT TO EXCEED
TERM OF GRANT AGREEMENT `545'567'()0
FROM: June 30. 1997 To June 30,2000
THIS AGREEMENT is made and entered into on this 30th day of June . 19 97,by the State of California,acting through the Executive Director of the
California Integrated Waste Management Board(the"State")and City of Azusa(the"Grantee"). The State and the Grantee, in mutual consideration of the
promises made herein,agree as follows:
The Grantee agrees to perform the work necessary to implement a local Used Oil Collection Program as described in the application approved by the State.
The Grantee further agrees to abide by the provisions of the following exhibits attached hereto:
Exhibit A-Terms and Conditions
Exhibit B-Procedures and Requirements
Exhibits A and B attached hereto and the State approved application are incorporated by reference herein and made a part hereof.
The State agrees to fund work done by the Grantee in accordance with this Agreement up to the Total Grant Amount Not to Exceed specified herein.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the dates entered below.
.
-GRANTEE'S NAME(PRINT OR TYPE)
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
Azusa
SIGNATURE GRANTEE'S SIGNATURE
ZSI
DATE TITLE DATE
Ralph E. Chandler,Executive Director
(Authorized representative)
GRANTEE'S ADDRESS(INCLUDE STREET.CITY,STATE AND ZIP CODE)
CERTIFICATION OF FUNDING
AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY(CODE AND TITLE)
AGREEMENT FUND TITLE
1996/97 Used Oil Recycling Block Grants-Fifth Cycle CA Used Oil Recycling
S15,681.00
(OPTIONAL USE)
'RIOR AMOUNT ENCUMBERED 1996/97-515,681.00 1997/98-$14,943.00 1998/99-$14,943.00
=OR THIS AGREEMENT
ITEM CHAPTER STATUTE FISCAL YEAR
"OTAL AMOUNT ENCUMBERED TO 3910-602-0100 817 1991 1996!97
DATE
OBJECT OF EXPENDITURE CODE AND TITLE)
S15,681.00
1100-51843-702
Hereby certify upon my own personal knowledge that budgeted funds are available T.B.A.NO. B.R.NO.
or the period and purpose of the expenditure stated above.
GNATURE OF ACCOUNTING OFFICER
DATE
MEMO
To: Louie Pedroza, Jr., City of Azusa
From: J. Michael Huls, REA
Subject: Used Oil Recycling Block Grant Proposed Budget
Date: July 15, 1997
I provide the following potential budget for the 5th Cycle Block Grant for your consideration.
Cost category Specifications and Pricing Total cost per item
City staffing Administration,review,events,and intern $4,000
Consultant Manage grants,monitoring, and reporting 16 hrs @ $75 per hr $1,200
Reimbursement requests(2)20 hrs @ $45 per hr 900
School presentations and events(4)/40 hrs total @ $45 per hr 1,670
Task activities related to collection(monthly monitoring,two
site visits/yr./ccc),vendor solicitation,and CIWMB approvals/ 1.440
32 hrs @ $45 per hr
$5,210
Subtotal
Materials& Promotional items(to be determined) 2,701
Supplies Newspaper ads/$25 ea.,4 ads run twice ea. 200
Collection costs for network 500
Other Telephone hotline 1,500
County contribution 1,570
Subtotal 6,471
Total $15,681.00
•
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made and entered into as of the Effective Date (as that term is
hereinafter defined) by and between the City of Azusa ("CITY"), and J. Michael Huls. REA
, a California recycling consultant ("Consultant"). Subject to terms and conditions and for the
consideration set forth below, the City desires to utilize the services of Consultant as an
independent contractor to manage the grant, monitor activities and prepare reports, and
conduct the outreach program on behalf of the City of Azusa in the Block Grant application
submitted to the California Integrated Waste Management (CIWMB).
1. CONSULTANT'S SERVICES. Consultant represents that it is fully qualified to
perform such consulting services by virtue of its experience and the training, education and
expertise of its principals and employees. The nature and scope of the specific services to be
performed by Consultant are as described under the tasks of the grant application which is
attached hereto and incorporated herein by this reference. -
2. TERM OF AGREEMENT. This agreement shall take effect on July 1, 1997, and
shall continue until June 30, 1998, unless modified and/or terminated in writing by both parties.
In the event of such termination, consultant shall be compensated for services rendered as
of the date of termination. Compensation for work in progress shall be prorated as to the
percentage of work completed.
This agreement may be terminated with or without cause by either party upon
thirty (30 ) days advance notice of such termination.
3. COMPENSATION. Payments to Consultant shall be made by City in accordance
with the invoices submitted by Consultant, on a monthly basis, and such invoices shall be paid
within 30 days after said invoices are received by City. All charges shall be in accordance with
this agreement with respect to hourly rates of seventy-five dollars ($75.00) for principal and
forty-five dollars ($45.00) for associate consultant. Total compensation to consultant shall not
exceed five thousand two-hundred and ten dollars ($5,210.00).
4. GENERAL TERMS AND CONDITIONS. In the event of any inconsistency between
the provisions of this Agreement and the Block Grant application approved by the CIWMB, the
provisions of the application shall control.
5. STATUS AS INDEPENDENT CONSULTANT. Consultant is and will be an independent
contractor for purposes of this agreement and is not and will not be entitled to any employee
benefits normally associated with employment of individuals by the City. Consultant will
assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under social security, income tax laws and any other with respect to any
fees or expense reimbursements paid by the company pursuant to this agreement. Consultant
has no power or authority to act for, represent, or bind the City, unless expressly given such
authority in writing by the City.
6. CONFIDENTIAUTY. Any information or documentation furnished to Consultant by
the City or developed by Consultant for the City in the performance of its duties which are
subject to this Agreement are and will remain the property of the City and will be used only on
behalf of the City. All such information or documentation will be returned to the City upon
termination of this Agreement or sooner if requested by the City.
7. NOTICES. Any notice to be given under the terms of this Agreement by either
party to the other will be in writing and will be deemed given (a) three days after being
deposited in the United States mail, properly addressed certified, and with postage prepaid or
(b) upon personal delivery to the following:
If to Consultant: J. Michael Huls, REA
568 East Foothill Blvd., Suite 107
Azusa, CA 91702
If to the City: City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702-2920
8. ASSIGNMENT Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without the prior
written consent of the City, and any attempt by Consultant to so assign this Agreement or any
rights, duties, or obligations arising hereunder shall be void and of no effect.
9. COMPLIANCE WITH LAWS. Consultant shall comply with all applicable laws,
ordinances, codes, and regulations of the federal, state, and local governments.
10. INSURANCE. Consultant shall at all times during the term of this agreement
carry, maintain, and keep in full force an effect, with an insurance company or companies
doing business in the State of California: (1) a policy which provides comprehensive general
liability insurance for personal injury and property damage with minimum limits of$500,000
combined single limit coverage; (2) property damage insurance with a minimum limit of
$500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage
of$500,000.00; (4) professional liability insurance (errors and omissions) in an amount of not
less than $1,000,000.00 per occurrence; and (5) worker's compensation insurance with a
minimum limit of$500,000.00 or the amount required by law, whichever is greater. Consultant
agrees that it will not cancel, reduce or otherwise modify the insurance coverage.
11. ENTIRE AGREEMENT. This Agreement supersedes all prior proposals,
agreements, and understandings between the parties and may not be modified or terminated
orally, and no modification, termination or attempted waiver of any of the provisions hereof
shall be binding unless in writing and signed by the party against whom the same is sought to
be enforced.
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12. INDEMNIFICATION CLAUSE. Notwithstanding the limits of any insurance,
Consultant shall be liable for and shall indemnify, defend and hold harmless the City, its
officers, agents and employees from any claim, demand, penalties, loss, liability or expense,
including reasonable attorney's fees for counsel acceptable to the City court costs and
necessary disbursements, for any damage whatsoever, including but not limited to, bodily
injury, death or injury to property, proximately resulting from any negligent act or omission of
the Consultant, its officers, employees, agents or contractors in the performance of this
Agreement.
IN WITNESS WHEREOF, the parties have executed and entered into this
Agreement as of as of , 1997 ("Effective Date").
"CONSULTANT" "CITY"
J. Michael Huls He lora :
Principal City Administrator - • • - • -
J. Michael Huls, REA City of Azusa
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